Your weekly national foreclosure talk show.
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Your Host: Attorney Gary Victor Dubin with Co-Host: Former Hawaii Governor John D. Waihee
Judges everywhere are beginning to rethink past judicial decisions in the foreclosure area as it becomes more and more evident that fraud and deception have predominated behind the scenes in foreclosure cases nationwide.
This rethinking has led to a growing number of monthly attempts by more and more state and federal court judges, albeit as yet too few, to give more attention to their foreclosure cases.
This past month, for instance, a number of noteworthy judicial decisions both at the trial level and on appeal have been handed down potentially generating new foreclosure defenses in several state and federal jurisdictions that our listeners need to know about and Continue reading →
Sunday, February 4, 2018 – 3 PM HST
(Rebroadcast from June 14, 2015 – Its Super Bowl Sunday – everybody deserves a day off now and then)
Upcoming Discussion for Sunday’s THE FORECLOSURE HOUR
Sundays: 3 pm (HST) / 5 pm (PST) / 8 pm (EST). Click HEREto listen.
Not very long ago lenders filing foreclosure actions merely went into court filing affidavits that a borrower was behind in mortgage payments, offering into evidence virtually no specific documentation, not even a loan payment accounting known as the “loan general ledger.”
Notwithstanding whatever evidentiary challenges borrowers might have made previously, unlike in other areas of American Law, foreclosure judges would merely take a foreclosing plaintiff’s printed word for it. Continue reading →
Attorney James “Randy” Ackley appeared on the Neil Garfield Radio Show. The show was a fascinating discussion about banks creating the illusion of standing when a bank is unable to demonstrate they have the right to foreclose.
Neil and Randy addressed why the courts were allowing loan servicers to present evidence that was hearsay, often fraudulent and did not comply with the rules of evidence. Ackley stated that, “The court is allowing evidence to be introduced that would not be admitted in any other type of case.” The discussion brought up the fact that courts are making erroneous presumptions in favor of the banks despite the fact that there is now a public record of banks fabricating evidence, robosigning documents, false notarizations and bank employees testifying under oath about facts they know nothing about.